Individual Freedom and Laissez-Faire Rights and Liberties
Individual Freedom and Laissez-Faire Rights and Liberties ---Samuel Freeman, Philosophy and Law, University of Pennsylvania (Please do not circulate or cite without Author’s permission) “Law, Liberty, and Property are an inseparable trinity.”---Friedrich Hayek “Capitalism is a cultic religion.” ---Walter Benjamin1 The traditional philosophical justification for full or laissez-faire economic rights and liberties is an indirect utilitarian argument that invokes Adam Smith’s “Invisible Hand”: Individuals’ self-interested pursuit of income and wealth against a background of free competitive markets, with free contract and exchange and full property rights, maximizes aggregate income and wealth, therewith overall (economic) utility. The only limits allowed on economic liberties are those needed to maintain market fluidity and mitigate negative externalities. The traditional doctrine of laissez-faire also allows for taxation and provision for public goods not otherwise adequately provided by private market transactions, and perhaps even a social “safety net” (e.g. the English Poor Laws) for people incapable of supporting themselves. These arguments have a long and respectable history going back to David Hume and Adam Smith; they were refined by the classical economists, including J.S. Mill, were further developed by Friedrich Hayek, Milton Friedman and 1 Hayek, Rules and Order, vol I of Law, Liberty and Legislation, p.107. Walter Benjamin, ‘Capitalism as Religion,’ Fragment 74, Gesammelte Scriften, vol.VI. This is a chapter from a manuscript on Liberalism and Economic Justice I am working on. I apologize for its length. 1 Hayek, Rules and Order, vol I of Law, Liberty and Legislation , p.107. Walter Benjamin, ‘Capitalism as Religion,’ Fragment 74, Gesammelte Scriften, vol.VI.
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